Implementing and complying with the Witness Charter - Operational Guidance for CPS Staff and Managers

April 2008

Contents page

• Why is the Witness Charter so important?
• Standard by standard (CPS)
  • Standard 1: Ensuring fair treatment
  • Standard 11: Meeting your needs
  • Standard 12: Taking account of your availability
  • Standard 13: Giving priority to cases involving vulnerable witnesses, including child witnesses
  • Standard 14: Notice of trial date and minimising unnecessary attendance
  • Standard 22: Lawyers introducing themselves
  • Standard 23: Waiting rooms and standby arrangements
  • Standard 24: Waiting times at court and being updated on progress
  • Standard 25: Special arrangements for witnesses with disabilities or medical conditions
  • Standard 27: Communication aids
  • Standard 29: Cross examination
  • Standard 31: Appeals
  • Standard 33: Claiming expenses
  • Standard 34: Complaints
• Useful contacts
• Annex: The Witness Charter (Public Version)

Why is the Witness Charter so important?

1. The Witness Charter has been developed to tell witnesses how they can expect to be treated by the police if they are a witness to a crime or incident. It also covers subsequent standards of care for other criminal justice agencies and lawyers if witnesses are asked to give evidence for the prosecution or defence in a criminal court. The charter sets out what help and support each witness can expect to receive at every stage of the process from all the agencies and lawyers involved, although the Witness Charter does not cover the role of judges and magistrates.

2. All witnesses need to know what services they should expect from the criminal justice agencies. The agencies themselves need to be clear about what standards they are required to meet in delivering those services. If this does not happen then it is likely that witnesses will not receive the level of care they need, and will therefore feel disillusioned and dissatisfied with the Criminal Justice System.

3. The standards of service set out in the Witness Charter apply to all witnesses, regardless of whether they are also be the victim of the crime. If the witness is also the victim, they have rights which are set out in the Code of Practice for Victims of Crime. It is important to remember that unlike the code, the Witness Charter is not statutory, therefore not set out in law. The introduction to the Witness Charter states that there may be constraints which affect the ability of the various agencies to provide services. It also explains that agencies and lawyers will seek to comply with the standards, insofar as is practicable and their professional rules allow.

This guidance

5. This guidance has been prepared to set out for CPS staff their relevant commitments under the Witness Charter. It sets out a description of what each of the relevant standards means in practice should this not be explicit in the standard itself. The guidance also includes details of current best practice which might help individual areas comply with the standards, as well as information about monitoring arrangements.

6. The Office for Criminal Justice Reform will be continually reviewing the Witness Charter following its implementation and this will include a review of this guidance and other support materials. If you have any comments or suggestions you can feed these back to us at witness.standards@cjs.gsi.gov.uk

Standard by standard (CPS)

Standard 1: Ensuring fair treatment

As a witness you will be treated fairly and with respect according to your needs irrespective of race, religion, background, gender, age, sexuality or any disability.

Links to existing requirements

• Code of Practice for Victims of Crime
• Crown Court Charter
• CPS Guidance on Care and Treatment of Victims and Witnesses
• Magistrates Courts Charter
• No Witness, No Justice Minimum Requirements
• Police Quality of Service Commitment
• Victim Support National Standards
• Prosecutors' Pledge
• Achieving Best Evidence
• CPS Single Equality Scheme

Other relevant agencies

• All CJS agencies share this standard

Guidance

6. The standard sets out that all witnesses will be treated fairly and with respect according to their needs irrespective of race, religion, background, gender, age, sexuality or any disability.

7. This is a requirement for all CJS agencies and legal practitioners who have any contact with prosecution or defence witnesses, including Witness Care Units. The CJS must be accessible to everyone regardless of background or personal circumstances. Such issues should not be left to chance but instead be positively managed, in accordance with legislation. Areas should consider whether the CJS locally can meet individual needs from point of access to the CJS right through to conclusion of the case.

8. The CPS has developed a Single Equality Scheme, which sets out how the CPS will build equality and diversity into policy development, employment practices and the provision of services to victims, witnesses and the wider public. Local police forces will also have their own published equality schemes, either singularly or as a collective as with the CPS.

Monitoring

• NWNJ post implementation reviews;
• HMI of Court Administration reports;
• HMIC report; and
• HMCPSI report.

Standard 11: Meeting your needs

If you are a prosecution witness, your Witness Care Unit will provide a single point of contact, and will tailor arrangements for your attendance at court to meet your personal circumstances. The Witness Care Officer will also update and maintain a contact directory of support organisations in your area in order to refer you to those organisations that can help meet your needs.

If you are a defence witness, the defence lawyer will seek to provide you with similar support and information.

If you need help to give your best evidence effectively in court you may be eligible for assistance from a range of support and special measures. You will qualify for this help if

• you are a witness under the age of 17;
• you suffer from a mental or physical disorder;
• you have communication needs; or,
• you are the victim of a sexual offence.

You may also be eligible if you feel so intimidated about giving evidence that it affects your ability to do so.

The police, Witness Care Unit, or the prosecution or defence lawyer will explain which special measures may be available to you, and ask which, if any of them, you would like to take.

If you are eligible for special measures for giving evidence, the prosecution or defence, having heard your views, can make an application to the court for the use of one or more measures. The court will consider your views and whether the measure will help you to give your best evidence before deciding whether to allow its use or not. If you are a defence witness, the views of the defendant will also be taken into consideration.

Links to existing requirements

• CPS Guidance on Care and Treatment of Victims and Witness
• No Witness, No Justice Minimum Requirements
• Achieving Best Evidence
• Early Special Measures Meetings

Other relevant agencies

• Defence practitioners
• Police
• WCUs
• HMCS

Guidance

9.The standard also explains the eligibility for special measures (http://frontline.cjsonline.gov.uk/guidance/better-trials/ section 27 YJCEA 1999) and says that the police, CPS, WCU, or the defence lawyer will explain which special measures may be available and will ask for the views of the witness about which, if any, of the special measures they would like to have. It also explains the process for applying for the use of a special measure and that the court will also consider the views of the witness before deciding whether to allow its use or not.

10. Charging prosecutors have a crucial role to play at an early stage in identifying witnesses who may be eligible for special measures. They should discuss with the officer seeking pre charge advice the needs of the witness and consider whether the witness is eligible for assistance by way of special measures.

11. When special measures were first introduced, a guidance manual entitled Achieving Best Evidence was published for CJS practitioners. This has been updated and re-launched in October 2007. This new edition includes information on bad character, hearsay and the Code of Practice for Victims of Crime. (http://www.homeoffice.gov.uk/documents/achieving-best-evidence).

12. The Charging Prosecutor (including CPS Direct) is required under the Charging Manual to consider whether a witness is vulnerable or intimidated as defined by the Youth Justice & Criminal Evidence Act 1999.This process is initiated by the Manual of Guidance MG11 and MG2 Forms.

13. The prosecutor should ensure that these forms are correctly completed by the police. If they are not, then the prosecutor should be proactive in making enquiries of the police as to vulnerability and intimidation issue.

14. An intermediary may be able to help improve the quality of evidence from a vulnerable witness. The use of an intermediary is one of the special measures available and is designed to facilitate communication and understanding between the witness and criminal justice practitioners. Intermediaries have been successfully implemented in the vast majority of areas across England and Wales; they will continue to be rolled out over the coming months in the few remaining areas.

15. It is a NWNJ minimum requirement that WCUs should maintain a contact directory of relevant support organisations, to which witnesses may be referred for specialist support. Defence lawyers are required to provide similar support, though the use of the term 'will seek' reflects the fact that this may not always be practicable.

Monitoring

• Decisions in relation to special measures considerations can be recorded on CMS on the review screen under 'Witness /Victim related issues'.
• There is no functionality on CMS which allows the tracking of special measures. The number of applications made and granted can be monitored through WMS but this data depends upon the level of information received from CPS. Areas are encouraged to ensure that the WCU is provided with full information regarding special measure applications to ensure, not only that the victim is fully informed, but that this information is accurately recorded.
• HMCPSI reports;
• HMICA reports;
• CQA;
• Advocacy monitoring; and
• CCP Certificate of Assurance.

Standard 12: Taking account of your availability

In setting the trial date, the Witness Care Unit or defence lawyer will ask the court to seek to meet your needs as a witness, including trying to ensure that you are not required to attend court on a date on which you have an important commitment (e.g. hospital appointment, pre-booked holiday), unless there are exceptional circumstances.

If the case is adjourned, a new date will be set that is convenient to all parties as possible. As a witness, you can help by informing those involved of any changes to your availability as early as possible.

In certain circumstances someone such as your employer or a family member, can be reluctant to let you make yourself available to attend court. If this occurs, an application can be made by the prosecution or defence lawyer to the court for the issue of a witness summons, which you can then use to show that you are required to attend. A witness summons may also be used if witnesses themselves are unwilling to give evidence.

Links to existing requirements

• CPS Guidance on Care and Treatment of Victims and Witness
• No Witness, No Justice Minimum Requirements

Other relevant agencies

• Defence practitioners
• Police
• WCUs
• HMCS

Guidance

16. The availability of a prosecution witness to attend court should be determined by the police as part of the process of completing a witness statement and be updated by the WCU. The standard makes it the responsibility of the defence lawyer to take into account the availability of defence witnesses.

17. The CPS victims and witnesses standards also state that if the case is adjourned, a new date will be suggested that is as convenient as possible to the witnesses. The standard reinforces these commitments and mentions the use of a witness summons. The court may issue a summons for those who are unwilling to give evidence voluntarily

Monitoring

• HMCPSI reports;
• HMICA reports; and
• WAVES questionnaire.

Standard 13: Giving priority to cases involving vulnerable witnesses, including child witnesses

If you are a vulnerable witness, a child witness, or your case involves a vulnerable witness, the prosecution or the defence lawyer will ask the court to give the case priority in respect of the times and dates of hearings.

The defence lawyer may not ask the court to give the case priority if it is not in the best interests of the defendant.

Links to existing requirements

• Crown Court Charter;
• Magistrates Courts Charter; and
• Children and Young People - CPS policy on prosecuting criminal cases involving children and young people as victims and witnesses,

Other relevant agencies

• Defence practitioners; and
• HMCS.

Guidance

18. The Criminal Case Management Framework, issued in July 2004 by the Lord Chief Justice and CJS Ministers (and reissued in January 2008), states that court listing practice is a judicial function and that there must be fairness to all parties. However, contained within a list of general principles for listing practice is a statement that priority should be accorded to cases where there are vulnerable or young witnesses. The CPS public policy statement on prosecuting criminal cases involving children and young people as victims and witnesses states that we will try to get the earliest possible date for the trial and have the date fixed in advance. Giving priority in respect of times and dates of hearings is a requirement of court listing officers. CPS prosecutors and CPOs should contribute to this standard by prioritising review, applications and reminding the court to list these cases as a priority.

Good practice

• Use existing case progression networks to ensure that priority is given to cases involving child witnesses.

• Have in place agreed protocols for arranging the transfer of cases in between courts.

Monitoring

• HMICA reports

Standard 14: Notice of trial date and minimising unnecessary attendance

You will not be required to attend court for every hearing.

If you are a prosecution witness, your Witness Care Unit will inform you of when you need to give evidence in court. They should notify you by the close of the next working day after receiving this information from the court. If you are a defence witness, you will be informed of when you need to attend court by the defence lawyer.

Every effort will be made to ensure that you are only asked to attend court on the day on which you are required to give evidence. Occasionally, trials and hearings will be unable to take place on the day they are planned, and you will be notified of any cancellations and adjournments.

You will be told:

• if a trial will not take place on the date that has been set;
• the reason for any adjournment of your case, if appropriate; and
• when your case is likely to be heard.

Links to existing requirements

• Crown Court Charter
• CPS Guidance on Care and Treatment of Victims and Witness
• Magistrates' Courts Charter
• No Witness, No Justice Minimum Requirements
• Bar/CPS Standard for Communication between Victim, Witness and the Prosecuting Advocate
• Children and Young People - CPS policy on prosecuting criminal cases involving children and young people as victims and witnesses

Other relevant agencies

• Defence practitioners
• HMCS
• Witness Care Units

Guidance

19. WCUs must inform prosecution witnesses of trial dates and when they need to attend court. Defence lawyers must provide the same information to defence witnesses.

20. In cases involving a large number of witnesses (particularly Crown Court cases) the CPS should prepare a 'batting order' to stagger the attendance of witnesses and ensure that this is sent to the WCU. The standard also addresses the inconvenience to witnesses caused by unnecessary attendance by specifying that all those involved in a case, including court staff, should try to ensure that witnesses only attend court when they are required to give evidence.

Monitoring

• HMICA reports;
• NWNJ; and
• WAVES questionnaire.

Standard 22: Lawyers introducing themselves

If you attend court as a witness, the relevant lawyer will, where practicable, seek to introduce themselves to you on the day and will seek to answer any practical questions you have.

Links to existing requirements

• Code of Practice for Victims of Crime
• Bar/CPS Standard for Communication between Victim, Witness and the Prosecuting Advocate, February 2006
• Prosecutors' Pledge
• Children and Young People - CPS policy on prosecuting criminal cases involving children and young people as victims and witnesses

Other relevant agencies

• Defence practitioners

Guidance

21. The Code of Practice for Victims of Crime and the CPS standards make a commitment that prosecution counsel and CPS staff should introduce themselves to witnesses on the day of the trial.

22. The Prosecutors Pledge reinforces the requirement for personal contact, and this should be done as a matter of routine. This is rightly seen as good practice as a way of making witnesses feel valued and appreciated, and is reflected in the standard, which applies to defence as well as prosecution witnesses

23. All areas are required to have a structured advocacy monitoring programme in place. The local monitoring of prosecutors should include an assessment of compliance with the CPS obligations under the code at paragraphs 7.9 and 7.10.

Monitoring

• HMICA reports;
• WAVES questionnaire; and
• Advocacy monitoring.

Standard 23: Waiting rooms and standby arrangements

At court there should be separate waiting areas for prosecution and defence witnesses and their family and friends. If there is not a separate area available, other arrangements will be considered for you to wait separately from the other parties.

Court staff will seek to ensure that all witness waiting rooms:

• are well maintained and clean;
• are secure;
• offer privacy, e.g. have blinds on any windows;
• have reading materials;
• contain suitable toys and reading matter for children of different ages;
• have a means of summoning assistance or making enquiries; and
• have a courtroom lay-out plan on display.

If you are a vulnerable or intimidated witness, you may be able to wait somewhere near to the court until the time you need to give evidence.

It is important that you do not speak to other witnesses about your or their evidence at any stage.

Links to existing requirements

• Crown Court Charter
• Magistrates' Courts Charter

Other relevant agencies

• Defence practitioners
• HMCS

Guidance

24. The courts charters refer to the provision of separate facilities at court. However, if this cannot be provided in the short term, court staff should make other arrangements to enable the parties, witnesses and supporters to wait separately prior to the hearing. Court staff should also seek to ensure that all witness waiting rooms:

• are well maintained and clean;
• are secure;
• offer privacy, eg have blinds on any windows;
• have reading materials;
• contain suitable toys and reading matter for children of different ages;
• have a means of summoning assistance or making enquiries; and
• have a courtroom lay-out plan on display.

25. Applications for standby arrangements to allow vulnerable or intimidated witnesses to wait somewhere near to the court should be made by the relevant lawyers with the consent of the witness and it is for the court to approve.

Monitoring

• HMICA reports; and
• WAVES questionnaire.

Standard 24: Waiting times at court and being updated on progress

Everyone involved in your case will seek to ensure that, from the time you are asked to attend court and give evidence, you do not have to wait more than two hours in the Crown Court or more than one hour in a magistrates' court. However, there are sometimes delays which will be unavoidable.

If the witness giving evidence is a child, every effort will be taken to reduce the chances of them being kept waiting to give evidence.

The prosecution or defence lawyer, court staff, Witness Service or other witness supporter will seek to:

• tell you as quickly as possible if your case cannot be heard on the day;
• give you an indication of how long you will have to wait before giving evidence and update you regularly; and
• inform you if you are likely to have to wait longer than expected and the reason for any delay.

Links to existing requirements

• Code of Practice for Victims of Crime
• Crown Court Charter
• Magistrates' Court Charter
• Prosecutors' Pledge

Other relevant agencies

• Defence practitioners
• HMCS
• Witness Service

Guidance

26. Witnesses will always have to wait to give evidence but they should know how long their wait is likely to be and be kept informed of progress and of any delays. The Code of Practice for Victims of Crime states that those witnesses who are victims should not wait more than two hours. The current Crown Court target is two hours for all witnesses and the target in magistrates' courts is that more than half of witnesses wait less than one hour before giving evidence. The Witness Charter reflects these existing targets and makes it a shared responsibility of the relevant lawyers, court staff, Witness Service or other witness supporter to inform witnesses of any delay and the reason for it.

Monitoring

• HMICA reports;
• Victim Support Quality & Standards reports; and
• WAVES questionnaire.

Standard 25: Special arrangements for witnesses with disabilities or medical conditions

The defence or prosecution lawyer will ask court staff to make provision for any special needs you may have as a result of a disability, medical condition or age, which mean you need help attending court or in giving evidence.

Links to existing requirements

• Crown Prosecution Service Victim and Witness Standards
• Crown Court Charter
• Magistrates' Court Charter
• Bar/CPS Standard for Communication between Victim, Witness and the Prosecuting Advocate

Other relevant agencies

• Defence practitioners
• HMCS

Guidance

27. The CPS standards make it an obligation for the CPS to help elderly witnesses and witnesses with a disability attend court and standards for disabled court users are also set out in the courts charters. The defence and prosecution should ask the courts to make provision for any special needs which a witness may have and court staff should seek to meet these needs.

Good practice

• The Bar/CPS Standard for Communication between Victim, Witness and the Prosecuting Advocate states: "consider in conjunction with the Witness Service, the CPS and court staff, what additional information to support might assist victims or witnesses".

Monitoring

• HMCPSI reports; and
• WAVES questionnaire.

Standard 27: Communication aids

You are entitled to give evidence in the language of your choice if English is not your first language.

If you have any language or communication needs, an accredited interpreter, registered intermediary, signer or other assistance will be provided either by the court staff or the prosecution or defence lawyer, provided that this need has been identified in advance.

Links to existing requirements

• Crown Court Charter
• Magistrates' Courts Charter

Other relevant agencies

• Defence practitioners
• HMCS

Guidance

28. If a communication need for a witness has been identified in advance of the court hearing, the relevant lawyer must apply to the court for special measures to ensure that the appropriate communication aid is identified and provided.

Good practice

• Consider the use of an Intermediary and make provision for the use of this measure at court should this use be approved.
• An intermediary may be able to help improve the quality of evidence from a vulnerable witness. The use of an intermediary is one of the special measures available. This measure is designed to facilitate communication and understanding between the witness and criminal justice practitioners. Intermediaries have been successfully implemented in the vast majority of areas across England and Wales; they will continue to be rolled out over the coming months in the few remaining areas.

Monitoring

• HMICA reports

Standard 29: Cross examination

Cross-examination is an essential element of a fair trial. You may be questioned by another party's lawyer, who will test the evidence you have provided to ensure that it is accurate and that you are being honest, or may put another version of an event to you for your comment. Defendants can represent themselves and, except in certain types of cases, are entitled to cross-examine you.

The lawyer for any party may object to questions that may be put to you, which they will seek to do if cross-examination by another party is considered to be unreasonable: for example, if it is unfair, offensive or oppressive.

Links to existing requirements

• Crown Prosecution Service Victim and Witness Standards
• Prosecutors' Pledge
• Equal Treatment Bench Book
• Attorney General's guidelines on the acceptance of pleas and the prosecutor's role in the sentencing exercise

Other relevant agencies

• Defence practitioners
• HMCS

Guidance

29. The process of cross-examination is a cause of anxiety to some witnesses and the CPS standards state that unjust criticism of witness character will be challenged. This is reflected in the standard which makes it a requirement of the relevant lawyers to object to questions put to a witness that they consider to be inappropriate. The Prosecutors' Pledge states that prosecutors should protect victims from unwarranted or irrelevant attacks on their character and may seek the courts intervention where cross examination is considered to be inappropriate or oppressive.

30. The judiciary do have a role to play in protecting victims and witnesses from inappropriate cross-examination. However, this standard does not require judges or magistrates to take action

Monitoring

• HMICA reports;
• WAVES questionnaire; and
• Advocacy standards.

Standard 31: Appeals

If you are a prosecution witness, your Witness Care Unit will notify you of any appeal against a conviction or sentence and inform you of the outcome passed on appeal. If you are a defence witness, the defence lawyer will seek to notify you as far as their professional rules allow.

The prosecution may ask the Attorney General to review a sentence that they consider to be unduly lenient. If the prosecution decides not to refer a case, having been requested to do so, they will write to the relevant person (or persons) informing them of that decision. Witnesses and any other interested parties are entitled to approach the Attorney General direct, within 28 days of the sentence, setting out the reasons why they think the sentence should be reviewed.

Links to existing requirements

• No Witness, No Justice Minimum Requirements
• Code of Practice for Victims of Crime
• Prosecutors' Pledge

Other relevant agencies

• Defence practitioners
• Witness Care Units

Guidance

31. It is a NWNJ minimum requirement that WCUs notify a prosecution witness if an appeal has been made, regardless of the likelihood of the witness being called to give evidence again, and to inform them of the outcome of the appeal. The Prosecutors' Pledge states that prosecutors will keep victims informed of the progress of any appeal, and explains the effect of the courts judgement in conjunction with WCUs. The standard reflects this and also makes it a requirement of defence lawyers to notify defence witness, unless the have been instructed otherwise. In cases in which an individual appeals against a sentence, the CPS is required to inform them if it is decided not to ask the Attorney General to review the sentence.

Monitoring

• HMICA reports

Standard 33: Claiming expenses

In most cases you will be able to claim expenses for costs incurred while travelling to and from court. You may also be able to claim expenses for any loss of earnings while attending court to give evidence.

The Witness Service or prosecution lawyer will seek to inform you of the procedures for claiming your expenses and what allowances you can claim, and you can ask for help completing the claim form.

However, if you are a defence witness giving evidence as a character witness, you will not be able to claim expenses unless the court makes a specific order.

If you are a prosecution witness and you require an advance payment to attend court or return home, in exceptional circumstances the prosecuting lawyer will seek to make emergency arrangements.

Links to existing requirements

• Crown Prosecution Service Victim and Witness Standards
• Crown Court Charter

Other relevant agencies

• Defence practitioners
• Witness Service

Guidance

32. Prosecution witnesses, with some exceptions, are able to claim expenses incurred travelling to and from the court, which are paid by the CPS or other prosecuting agencies.

33. Guidance in relation to the Payment of Witness Expenses can be found on the CPS Infonet (Legal Guidance, Chapter 16 (J)).

34. The Witness Service are responsible for advising on the procedure for this and for helping witnesses to make a claim.

35. Defence witnesses, with some exceptions (character witnesses cannot claim unless the court makes a specific order), are able to claim travel expenses paid by court staff out of central departmental funds. These witnesses should be assisted by the defence lawyer to make a claim if asked. Witnesses may also be able to claim expenses for loss of earnings while attending court to give evidence. Prosecution lawyers can arrange for emergency payments to enable a prosecution witness to attend court or to return home.

Monitoring

• HMCPSI reports

Standard 34: Complaints

If you are unhappy with the level of service that you have received from any of the criminal justice agencies, you can make a complaint in the first instance through the complaints procedure of that service. However, this does not extend to any complaint about the judicial outcome, verdict or sentence.

Agencies and lawyers will always:

• make it clear how to make a complaint;
• treat your complaint seriously;
• try to deal with your complaint as soon as possible; and
• tell you how to take a complaint forward if you are not satisfied with the initial outcome of the complaints procedure.

Links to existing requirements

• CPS Guidance on Complaints and Correspondence Handling

Other relevant agencies

• Defence practitioners
• HMCS
• police
• Witness Care Units
• Witness Service

Guidance

36. All agencies, witness supporters and lawyers must always:

• make it clear how to make a complaint;
• treat complaints seriously;
• try to deal with complaints as soon as possible; and
• tell the witness how to take a complaint forward if they are not satisfied with the initial outcome of the complaints procedure.

Monitoring

• HMCPSI reports

Useful contacts

Office for Criminal Justice Reform

The Office for Criminal Justice Reform (OCJR) is the cross-departmental team that supports all criminal justice agencies in working together to provide an improved service to the public.

For more on the work of OCJR visit:

http://www.cjsonline.gov.uk/the_cjs/departments_of_the_cjs/ocjr/index.html

There is a new Welcome to the online resource for criminal justice practitioners. This site contains information and guidance for people working in the CJS. During 2008, it will be developed to provide a single source for guidance, best practice and news affecting criminal justice practitioners.

http://frontline.cjsonline.gov.uk/

OCJR

• Witness Charter and Code of Practice for Victims of Crime: Nick Poyntz, Nicholas.poyntz@cjs.gsi.gov.uk

• Victim Support and the Witness Service: Gita Sisupalan, gita.sisupalan@cjs.gsi.gov.uk

• Victim Personal Statement and incorporating victims's and witnesses' views into the CJS: Duncan Prime, Duncan.prime@cjs.gsi.gov.uk

• Special measures: Gillian Harrison, Gillian.harrison@cjs.gsi.gov.uk

• Witness intimidation: Julie Clouder, julieA.clouder@cjs.gsi.gov.uk

CPS headquarters

• Policy: Jackie Kerr, Jackie.Kerr2@cps.gsi.gov.uk

Annex: The Witness Charter (Public Version)

About the Witness Charter

The Witness Charter tells you how you can expect to be treated by:

• the police if you are a witness to a crime or incident; and

• by other criminal justice agencies and lawyers if you are asked to give evidence for the prosecution or defence in a criminal court.

The Witness Charter also sets out what help and support you can expect to receive at every stage of the process from all the agencies and lawyers involved. The standards of service set out in the Witness Charter apply to all witnesses, regardless of whether you are also the victim. If you are also a victim of a crime, you have rights that are set out in full in the Code of Practice for Victims of Crime.

Unlike the code, the Witness Charter is not set out in law and there may be constraints which affect the ability of the various agencies to provide the service. For example, although the care of witnesses is important to them, the principal duty of defence lawyers is to represent and attend to the needs of their client. Agencies and lawyers will comply with the standards where possible and as far as their professional rules allow.

This leaflet sets out our promise to you under the Witness Charter in brief. A full version of the Witness Charter can be downloaded from www.cjsonline.gov.uk.

Being a witness

As a witness in an investigation, you are helping to ensure that justice is done.

If a suspected offender is identified, and the case proceeds to a criminal court, you may be asked to give evidence for the prosecution or defence in court if you know:

• something about a particular crime, incident or dispute; or

• one of the people involved in a case (you may be asked to be a character witness).

In either event, your evidence can be crucial to securing the conviction of the guilty or the acquittal of the innocent.

Our standards of care

Fair treatment

1. As a witness you will be treated fairly and with respect, according to your needs, irrespective of race, religion, background, gender, age, sexuality or any disability.

Reporting crime

2. We will make it easy for you to report a crime or other incident and, when you do, your report will be handled efficiently.

Making a statement

3. We will identify whether you are a vulnerable or intimidated witness and ask whether you would like special support.

4. When you make a statement, we will make a basic assessment of your needs as a witness and will seek your views on measures that might help you.

5. If you are asked to make a statement, we will arrange to take it as soon as possible and at a time that is convenient to you. We will also ensure that it is an accurate record.

6. When you have given a statement, we will tell you what will happen next.

The investigation

7. After you have given a statement, if the offence is serious and you are likely to give evidence in court, you will be updated at least once a month on the progress of the investigation.

8. If you report any intimidation, we will consider whether you need additional support and will seek to provide it.

Support following a charge

9. If someone is charged or released on bail, we will keep you informed about the case's progress through the court process.

10. If you are a witness in a case that is going to trial, we will make a detailed assessment of your needs.

Preparing for court

11. We will make arrangements for your attendance at court to meet your personal circumstances, and we can refer you to specific organisations if you need further support.

12. We will take account of your availability when setting a date for trial.

13. We will ensure that cases involving vulnerable witnesses, including child witnesses, are brought to trial as quickly as possible.

14. We will give you advance notice of the trial date and any changes to it and try to ensure that you only attend court when you are to give evidence.

15. We will give you information about what happens at court and will help you to give evidence in court.

16. We will give you practical details about the court where you will be giving evidence.

17. We will offer you the opportunity to visit the court building ahead of the trial.

In the court building

18. You will be able to bring someone to support you at court.

19. You can receive practical and emotional support at court, before and during the trial, from the Witness Service and other support agencies.

20. When you attend court, we will provide you with information about the building layout and where and when your case will be heard.

21. We will take action to help keep you safe at court, including keeping prosecution and defence witnesses separate where possible.

22. The relevant lawyer, where practicable, will seek to introduce themselves on the day and will seek to answer any practical questions you may have.

23. We will provide you with a clean and comfortable waiting area.

24. We will try to ensure that you wait no more than two hours in the Crown Court or more than one hour in a magistrates' court to give evidence; if you have to wait longer than this, we will regularly update you on progress.

In the courtroom

25. At court, we will make provision for any disability or medical condition that you have.

26. We will make sure that any special measure granted by the court is made available.

27. If you have any language or communication needs, we will provide an interpreter or signer.

28. You will be able to use the holy book of your religion to give your oath, or you can choose to 'affirm' that you promise to tell the truth. We will respect your needs in the witness box.

29. We will challenge inappropriate cross-examination.

After trial

30. After the trial, we will inform you of the result of the case.

31. We will inform you of any appeal against conviction or the sentence.

32. We will help you get further support after the trial if you need it.

33. We will tell you how to claim expenses for travel costs or loss of earnings, where you have an entitlement.

34. If you are unhappy with the level of service that you have received, we will tell you how to make a formal complaint.

Further information

You can get general information about the criminal justice system (the police, the courts and the Crown Prosecution Service) and more information about being a witness from www.cjsonline.gov.uk/witness.

Visit www.cjsonline.gov.uk/victim for more information for victims of crime.